Up in Smoke: Navigating Marijuana Laws in the Workplace

Employees’ lawful use of marijuana—both recreational and medical—presents numerous traps for the unwary employer. As states pass laws protecting employees who lawfully use marijuana, the burdens on employers continue to grow. For example, what is an employer to do upon receipt of drug-test results that show an employee has been using marijuana? What can an employer ask employees about their lawful drug use? And how do the marijuana laws apply when in conflict with federal laws such as DOT testing requirements?

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